Criminals could serve time at home in virtual prisons using new technology

Justice Secretary Shabana Mahmood has suggested that criminals could be made to serve their sentences at home as part of a major overhaul of the prison system. On Tuesday, she will announce a comprehensive review of sentencing aimed at finding innovative ways to punish offenders and address the issue of overcrowded prisons.

The concept of 'virtual prisons' is being considered, utilising technology such as electronic tagging to keep offenders under house arrest. Other technological solutions, like special wristwatches that remind offenders of appointments with probation officers or mental health services, are also being explored.

Ms Mahmood expressed her belief in the prison system but emphasised that the Government "must increase the range of punishments we use" to avoid having to release prisoners early. Currently, electronic tags are used to monitor offenders' curfews, locations, or alcohol consumption after they have served part of their sentence in prison.

Following the review, this method could be expanded, allowing judges to sentence offenders to house arrest. Officials are also considering adopting Texas's prison reforms, which allow prisoners to earn credits for good behaviour or participation in courses such as drug programmes, thereby reducing their time in jail, reports the Mirror.

Ms Mahmood commented: "We have an opportunity now to reshape and redesign what punishment outside of a prison looks like. I believe in punishment. I believe in prison, but I also believe that we must increase the range of punishments we use."

She added: "And that those prisoners who earn the right to turn their lives around should be encouraged to do so. The Sentencing Review will make sure prison and punishment work - and that there is always a cell waiting for dangerous offenders."

Discussing alternative sanctions, Ms Mahmood stated: "Theoretically a judge could hand down a sentence of house arrest. I'm sure the review is going to want to look at all the different mechanisms that are out there to monitor offenders in the community, to supervise them effectively and then also to nudge their behaviour towards a rehabilitation activity that we know reduces re-offending."

The Justice Secretary had to implement an early release scheme shortly after being elected in July due to the critical drop in available jail spaces to fewer than 100 this summer. Furthermore, another batch of 1,100 inmates is slated for early release on Tuesday, following approximately 1,700 others who were released prematurely last month.

Initially thought to provide a 12-month buffer before prisons became overcrowded again, summer's increased incarceration rate has trimmed this period to just nine months. As a result, prisons may face a renewed crisis next summer.

The Labour government has committed to creating 14,000 new prison places, even as predictions indicate the inmate count could climb by 4,500 a year in the next few years. However, there's been a shift in focus initiated by the new sentencing review, moving away from solely expanding prisons to addressing broader criminal justice system issues.

Rising recidivism rates fuel this change, with over half of the adults released from less than 12-month stints reoffending. The forthcoming review is expected to mull over abolishing sentences under six months, revisiting longer and minimum sentences, and tailoring sentencing for crimes predominantly targeting women and girls.

It will also explore the formulation of specific offences for domestic abuse, which is not currently recognised as a distinct crime but is instead covered by various charges like harassment or stalking.

Former Conservative Justice Secretary David Gauke, who is at the helm of the sentencing review, told ITV News: "Prison population has doubled over the last thirty years. We have the highest incarceration rate of any Western European country, and reoffending rates are too high. We should look at whether sentencing policy can be more smartly applied to ensure that we can reduce reoffending rates as well as properly punishing those who need to be punished and protecting the public."

Speaking in 2019, the then-Lord Chancellor argued for a significant change in sentencing policy, asserting that there was "a very strong case to abolish sentences of six months or less altogether, with some closely defined exceptions, and put in their place, a robust community order regime". Mark Day, deputy director of the Prison Reform Trust, welcomed the review of sentencing as "a vital opportunity to reset the dial on decades of failure in penal policymaking".

Echoing these sentiments, Richard Atkinson, president of the Law Society of England and Wales, also endorsed this move: "It is high time for an examination of alternatives to the use of custody, which is an expensive and often counterproductive form of punishment."